Legal Notices - Topics from July, 2011

Under and by virtue of the power of sale contained in that deed to secure debt dated May 2, 2005, from Joel H. Spivey and J. Kyle Spivey to B.W. Sapp, recorded in Deed Book 404, page 512, in the Office of the Clerk of Superior Court of Appling County, Georgia, the undersigned will sell at public outcry during the legal hours of sale before the front door of the Courthouse in Appling County, Georgia, on the first Tuesday in August, 2011, to the highest bidder for cash, the following described property, to-wit: All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, consisting of 18.084 acres, more or less, of Land Lot No. 345, being more particularly described according to the courses, metes and bounds of that certain survey and plat thereof by Merlin J. Tomberlin, GRLS No. 2477, dated January 17, 2001, recorded in the Office of the Clerk of Superior Court of Appling County, Georgia, in Plat Book 15, Page 491, and incorporated herein for all purposes. This being the same property conveyed from Baxley Farms, Inc. to B. W. Sapp and James A. Graham, Sr. by deed dated July 20, 2001, recorded in the Office of the Clerk of Superior Court of Appling County, Georgia, in Deed Book 349, Page 282; said James A. Graham, Sr. having conveyed his interest to B. W. Sapp by deed dated April 4, 2003, recorded in Deed Book 373, Page 290, said records.
The debt secured by said deed to secure debt is evidenced by a note in favor of B. W. Sapp (the “Lender”) dated May 2, 2005. The debt secured by said deed to secure debt and evidenced by said note has been declared due and payable because of the failure of the Grantors therein to comply with certain terms and conditions in said note and deed to secure debt. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness including all accrued and unpaid interest thereon and attorney fees and all expenses of said sale.
The property, located on Golden Isles Hwy. West, Baxley, Georgia, will be sold as the property of Joel H. Spivey and J. Kyle Spivey, who, to the best of the undersigned's knowledge and belief, are the parties in possession of said property.
Notice has been and is hereby given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with legal requirements and the terms of said note and deed to secure debt.
Said property will be sold subject to any and all unpaid taxes, assessments, general subdivision restrictions, if any, and other restrictions, easements and liens of record, if any. The proceeds of the sale will be used as follows: (1) to pay the expenses of said sale; (2) to pay the sums secured by said deed; (3) the balance if any to Joel H. Spivey and J. Kyle Spivey, or as may otherwise be directed by the U.S. Bankruptcy Court.
B.W. SAPP Attorney in Fact for Joel H. Spivey and J. Kyle Spivey
J. ALEXANDER JOHNSON PC Attorney for Lender 132 West Parker Street Baxley, Georgia 31513 912-367-9000
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
Under and by virtue of the Power of Sale contained in that certain Deed to Secure Debt from Tommy Mashawn Smith and Jennifer Smith to Southland Investment Company, dated July 30, 2004, recorded in Deed Book 394, Pages 123-129, in the Public Records of Appling County, Georgia, said Deed to Secure Debt dated July 30, 2004 in the original principal sum of Thirty Four Thousand Eight Hundred Seventy Dollars and 50/100 ($34,870.50), with interest from date at the rate stated in said Note on the unpaid balance until paid, there will be sold by the undersigned at public outcry to the highest bidder for cash before the Courthouse door at Appling County, Georgia, within the legal hours of sale on the first Tuesday in August 2011, the property described on Exhibit “A” attached hereto and incorporated herein by reference.
The debt secured by said Deed to Secure Debt has been and is hereby declared due because of, among other possible events of default, non-payment of the monthly installments on said loan. The debt remaining in default, this sale will be made for the purpose of paying the same and all expenses of this sale, including attorney's fees (notice of intent to collect attorney’s fees having been given).
Said property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), any matters which might be disclosed by an accurate survey and inspection of the property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and maters of record superior to the Contract for Deed first set out above.
To the best knowledge and belief of the undersigned, the party in possession of the property is Tommy Mashawn Smith and Jennifer Smith or a tenant or tenants.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the Contract for Deed.
SOUTHLAND INVESTMENT COMPANY
Attorney-in-Fact for
TOMMY MASHAWN SMITH AND JENNIFER SMITH
JENNIFER L. ELLIS
Southland Investment Company
409 W. 16th Street
P. O. Box 785
Alma, Georgia 31510
(912) 632-6812
EXHIBIT A
All that tract or parcel of land lying and being situate in Original Land Lot No. 324 in the 2nd Land District of Appling County, Georgia, consisting of 9.67 acres, more or less, and being all of Tract No. 10 containing 4.86 acres, and Tract No. 11 containing 4. 81 acres, as shown on a plat prepared by Merlin J. Tomberlin & Associates, dated July 16, 2001 and recorded in Plat Book 16, Page 55, in the public records of Appling County, Georgia. Said plat being incorporated herein by reference as a part of this description.
Also conveyed, a 1994 General Mobile Home, serial number GMHGA117942223A and GMHGA117942223B.
Including all improvements and fixtures located thereon and attached to said property.
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Because of a default in the payment of the indebtedness secured by that certain Security Deed, dated September 14, 2006, executed by TINISIA M. REYNOLDS to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., recorded in Deed Book 421, Page 235, Appling County, Georgia Deed Records, and securing a Note in the original principal amount of $75,500.00, said Security Deed and Note last having been assigned to GREEN TREE SERVICING LLC, the current holder thereof, has declared the entire amount of said indebtedness evidenced by the Note immediately due and payable and, pursuant to the power of sale contained in said Security Deed, will, on the first Tuesday in August, 2011, to-wit: August 2, 2011, during the legal hours of sale, before the Appling County Courthouse door, sell at public outcry to the highest bidder for cash, the following described real property:
All that tract or parcel of land lying. being and situated in Land Lot No. 284 of the Second Land District of Appling County, Georgia, consisting of 0.333 acres, more or less, and being designated as Lot No. 40 of Block 4 of what is known as Weatherly Park Subdivision, on that certain survey and plat thereof prepared by Rufus C. Johnson, dated December 2, 1957, recorded in Plat Book 3, Page 209, of the records of the Clerk of Superior Court of Appling County, Georgia, said plat by this reference hereto being incorporated herein and made a part hereof for all necessary purposes. Said property is bounded, now or formerly, as follows: North by Lot No. 38 of Weatherly Park Subdivision; East by Lot No. 41 of Weatherly Park Subdivision; South by Lot No. 42 of Weatherly Park Subdivision; and West by the Eastern right-of-way of Torrance Road.
This being the same and identical property conveyed from David Edgar Morris to Delores C. Morris by deed dated December 4, 1986, recorded in Deed Book 223, Page 368 of the records of the Clerk of Superior Court of Appling County, Georgia.
The aforedescribed real property is also known as 82 Torrance Road, Baxley, Georgia 31513, according to the present system of numbering houses in Appling County, Georgia.
This sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit as to the amount and status of the loan with the holder of the Security Deed, including but not limited to, a determination that the borrower has not reinstated the loan prior to the foreclosure sale.
Said real property will be sold subject to any outstanding ad valorem taxes (including taxes which are a lien, but not yet due and payable), the right of redemption of any taxing authority, any matters which might be disclosed by an accurate survey and inspection of the real property, any assessments, liens, encumbrances, zoning ordinances, restrictions, covenants, and matters of record superior to the Security Deed first set out above.
Upon information and belief, said real property is presently in the possession or control of TINISIA M. REYNOLDS and the proceeds of said sale will be applied to the payment of said indebtedness and all the expenses of said sale, including attorney's fees, all as provided in said Security Deed and the excess proceeds, if any, will be distributed as provided by law.
GREEN TREE SERVICING LLC
as Attorney-in-Fact for
TINISIA M. REYNOLDS
David W. Adams, Esquire
Ellis, Painter, Ratterree & Adams LLP
2 East Bryan Street, Suite 1001
Savannah, Georgia 31401
(912) 233-9700
THIS LAW FIRM IS ATTEMPTING TO COLLECT A DEBT ON BEHALF OF THE ABOVE-REFERENCED LENDER AND ANY INFORMATION WILL BE USED FOR THAT PURPOSE.
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Because of default in the payment of the indebtedness, secured by a Security Deed executed by Clifton Jackson and Johnnie Mae Jackson to H&R Block Mortgage Corporation dated April 19, 2007 in the amount of $60,000.00, and recorded in Deed Book 430, Page 838, Appling County, Georgia Records; as last transferred to Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-6, Asset-Backed Certificates, Series 2007-6 by assignment; the undersigned, Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-6, Asset-Backed Certificates, Series 2007-6 pursuant to said deed and the note thereby secured, has declared the entire amount of said indebtedness due and payable and pursuant to the power of sale contained in said deed, will on the first Tuesday in August, 2011 , during the legal hours of sale, at the Courthouse door in Appling County, sell at public outcry to the highest bidder for cash, the property described in said deed to-wit:
The land referred to in this policy is situated in the State of Georgia, County of Appling, City of Baxley, and described as follows:
All that tract or parcel of land lying and being in the Second Land District of Appling County, Georgia, in the Land Lot No. 285 and being more particularly described as follows: commencing at an established point on the Western edge of a county road that leads from what is known as the Poor Robin Road to what is known as the City Circle Road, which point is located by commencing at the intersection of the midline of said county road with the midline of Poor Robin Road, thence North a distance of 218.62 Feet; thence North 73 Degrees 51 Minutes West for a distance of 15.5 Feet to the Point of Beginning; thence continuing North 73 Degrees 51 Minutes West for a distance of 145.7 Feet; thence North 12 Degrees 50 Minutes East for a distance of 147.5 Feet; thence South 73 Degrees 51 Minutes East for a distance of 147.5 Feet to the edge of said county road; thence South 12 Degrees 50 Minutes West for a distance of 147.5 Feet to the Point of Beginning.
Which has the property address of 618 Pine Street Ext, Baxley, Georgia., together with all fixtures and other personal property conveyed by said deed.
The sale will be held subject to any unpaid taxes, assessments, rights-of-way, easements, protective covenants or restrictions, liens, and other superior matters of record which may affect said property.
The sale will be conducted subject (1) to confirmation that the sale is not prohibited under the U.S. Bankruptcy Code and (2) to final confirmation and audit of the status of the loan with the holder of the security deed.
Notice has been given of intention to collect attorneys' fees in accordance with the terms of the note secured by said deed.
Said property will be sold as the property of Clifton Jackson and Johnnie Mae Jackson and the proceeds of said sale will be applied to the payment of said indebtedness, the expense of said sale, all as provided in said deed, and the undersigned will execute a deed to the purchaser as provided in the aforementioned Security Deed.
Wells Fargo Bank, N.A., as Trustee for Option One Mortgage Loan Trust 2007-6, Asset-Backed Certificates, Series 2007-6
Attorney in Fact for
Clifton Jackson and Johnnie Mae Jackson
McCurdy & Candler, L.L.C.
(404) 373-1612
www.mccurdycandler.com
File No. 08-13130 /CONV/ajackson
THIS LAW FIRM IS ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
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STATE OF GEORGIA
VS.
$13,453.00 IN U.S. CURRENCY
NOTICE OF PROCEEDINGS
TO: Antwon Lamar Jones
746 Fair Street
Baxley, Georgia 31513
Timothy Tobler
62 West Boyd Street
Lumber City, Georgia 31549
Ethel McFarland
398 Junior High Drive
Baxley, Georgia 31513
AND ANY AND ALL PERSONS HAVING INTEREST IN OR CLAIMS TO THE ABOVE-DESCRIBED PROPERTY:
PLEASE TAKE NOTICE that a Notice of Seizure has been posted at the APPLING County Courthouse Annex giving evidence that the above-described property was seized on the 2nd day of June, 2011 by law enforcement officers of Altamaha Drug Task Force, at 5:45 o’clock P.M. at the general address of 746 Fair Street, Baxley, Georgia, in Appling County, Georgia. Said property was seized because it was used to facilitate a violation of O.C.G.A. 16-13 et. Seq. and is subject to forfeiture under said code section.
YOU AND EACH OF YOU may file a claim against said property, in compliance with the Official Code of Georgia Section 16-13-49 (n), by serving said Claim upon Jackie L. Johnson, District Attorney, Brunswick, Judicial Circuit, whose address is 37 Tippins Street, Suite C, Baxley, Georgia 31513 within 30 days from the date of the second publication of this Notice of Seizure.
TAKE FURTHER NOTICE that at the expiration of thirty (30) days after the date of the second publication of this Notice of Seizure, if no claim has been filed, the above-described property shall be forfeited and disposed of according to law.
This 5th day of July, 2011.
JACKIE L. JOHNSON
DISTRICT ATTORNEY
Brunswick Judicial Circuit
37 Tippins Street, Suite C
Baxley, Georgia 31513
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TO: Donnie Walker, Larry Walker and Rodis Clifton Walker, Jr. and any other interested parties
Michelle Brown has petitioned to be appointed Administrator of the Estate of Rodis Clifton Walker, Sr., deceased, of said County. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 11, at 10:00 a.m. 2011. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be held August 11 at 10:00 a.m. 2011. If no objections are filed, a petition may be granted without a hearing.
DIANE HALLMAN
PROBATE JUDGE
36 S. MAIN STREET
BAXLEY, GA 31513
912-367-8114
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TO WHOM IT MAY CONCERN:
DANNY RAY NEWSOM has petitioned to be appointed Administrator of the Estate of James Franklin Newsom, deceased, of said County. The petitioner has also applied for waiver of bond and/or grant of certain powers contained in O.C.G.A. 53-12-261. All interested parties are hereby notified to show cause why said petition should not be granted. All objections to the petition must be in writing, setting forth the grounds of any such objections, and must be filed with the court on or before August 8 at 10:00 a.m., 2011. All pleadings/objections must be signed before a notary public or before a probate court clerk, and filing fees must be tendered with your pleadings/objections, unless you qualify to file as an indigent party. Contact probate court personnel at the following address/telephone number for the required amount of filing fees. If any objections are filed, a hearing will be (scheduled at a later date). If no objections are filed, the petition may be granted without a hearing.
Diane Hallman
Probate Judge
36 S. Main Street
Baxley, GA 31513
912-367-8114
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IN RE: ESTATE OF MARILYN HERNDON VANCE
All creditors of the Estate of MARILYN HERNDON VANCE, late of Appling County, Georgia, deceased, are hereby notified to render in their demands to the undersigned to law; and all persons indebted to said estate are required to make immediate payment to said estate.
This 30th day of June, 2011.
Samuel H. Vance
Executor/Administrator
3913 U.S. Highway 411 South
Maryville, TN 37801
865-323-1832
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NOTICE IS HEREBY GIVEN to all persons having demands against ERNEST E. CRUMMEY, late of said County, deceased, to present them to me, properly made out within the time prescribed by law, so as to show their character and amount; and all persons indebted to said deceased are required to make immediate payment to me.
Baxley, Georgia ___, 2011.
Aron G. Weiner
Administrator of the Estate of Ernest E. Crummey
14 E. State Street
Savannah, Georgia 31401
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IN RE: ESTATE OF WILLIAM JOHNSON MOBLEY
NOTICE TO DEBTORS AND CREDITORS
All creditors of the Estate of William Johnson Mobley, late of Appling County, Georgia, deceased, are hereby notified to render in their demands to the undersigned according to law; and all persons indebted to said estate are required to make immediate payment to said estate.
This 5th day of July, 2011.
JULIA NELL SHAW
EXECUTOR/ADMINISTRATOR
1014 N. Davis Drive
Perry, Georgia 31069
478-987-7883/478-954-0367
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All creditors and debtors of the Estate of Jimmy Dale Turner, deceased, late of Appling County, Georgia, are hereby notified to render in their demands to the undersigned Executor, via L. Kim Buford, according to law and all persons indebted to said estate are required to make immediate payment to the undersigned.
This the 13th day of July, 2011.
Stacey Turner, Executor
15 Tompkins Road,
Hazlehurst, Georgia 31539
L. Kim Buford
Attorney at Law
P. O. Box 13
Hazlehurst, Georgia 31539
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Sealed proposals from General Contractors will be received by the City of Baxley, the Owner, at Baxley City Hall, Baxley, Georgia, until 2:00 p.m. at the time legally prevailing in Baxley, Georgia, on August 18, 2011 for construction of “City of Baxley Aviation Building”.
At the time and place noted above, the proposals will be publicly opened and read aloud.
Bidding documents may be obtained at the office of the Architect, SP Design Group architects and engineers, inc., 5191 Columbus Road, Macon, Georgia (Mailing Address: P.O. Box 6254, Macon, GA 31208; Phone 478/477-7465; Fax 478/477-9511). Applications for documents together with deposit of $100.00 per set, and a properly executed AIA Document A305, “Contractor’s Qualification Statement”, should be filed promptly with the architect. Bidding material will be forwarded as soon as possible thereafter. The full amount of the deposit for two (2) sets will be refunded to each General Contractor who submits a bona fide bid upon return of such sets in good condition within 30 days after date of opening of bids. All other deposits will be refunded with deduction approximating the cost of reproduction of documents upon return of same in good condition within 30 days after date of bid opening. Documents should be returned to 5191 Columbus Road, Macon, GA 31206.
Contract, if awarded, will be on a lump sum basis to the lowest responsible and qualified bidder. No bid may be withdrawn for a period of 30 days after time has been called on the date of opening. Bids must be accompanied by a bid bond in an amount not less that 5% of the base bid. Both a performance bond and a payment bond will be required in an amount equal to 100% of the contract price.
The City of Baxley is an Equal Opportunity Agency.
The Owner reserves the right to reject any or all bids and to waive technicalities and formalities.
CITY OF BAXLEY
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The City of Baxley is soliciting proposals for the disassembly and removal of what is known at the City Hangar (hereinafter the “Hangar”) located behind the FBO/Terminal building at the Baxley Municipal Airport. The Hangar is a Bax-Steel building, approximately 60’ x 51’, 15’ eave height. The successful bidder will completely disassemble the Hangar, remove it from the Airport premises, and conduct all clean-up operations, within forty-five (45) days after acceptance of bid and issuance of notice to proceed. The concrete pad will remain in place. If additional information is desired, contact Jeff Baxley, City Manager.
The successful bidder will furnish all labor, tools, equipment and other apparatus necessary to perform and complete to City's satisfaction the disassembly and removal of the Hangar. All debris cause by such disassembly and removal shall be removed from the Airport property and disposed of in accordance with federal, state and local laws and regulations.
The successful bidder will be liable for all risk of loss; and shall maintain liability (minimum $1,000,000 coverage) and workers compensation insurance.
Other requirements are available at the office of the City Manager. The successful bidder and City will enter into a contract acceptable to the City.
Bidders should propose a price they will either: (a) pay the City for the Hangar, or (b) charge the City to disassemble, remove and dispose of the Hangar.
The City anticipates the value of the Hangar to be more than the tear-down and removal costs, and thus expects a payment to the City, in advance. Bids may be submitted personally or by mail, fax or email.
Bids will be opened and announced at 2:00 p.m. on August 4, 2011 at Baxley City Hall. The City will accept, in its sole discretion, the best responsible and responsive bid from the bidder City believes most capable of completing the project to the City’s specifications. City shall have the right to reject any and all bids for any reason, to waive informalities, and shall have the right to negotiate with the lowest responsible bidder, in its sole determination.
JEFF BAXLEY
CITY MANAGER
282 East Parker Street
Baxley, GA 31513
Tel: 912-367-8300
Fax: 912-367-8304
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TO WHOM IT MAY CONCERN:
This is to notify the person who abandoned a 1988 Cadillac Brougham at 1129 Hatch Parkway North that you must identify and pay wrecker bill, storage and remove from property by July 28, 2011. Otherwise the vehicle will become the property of Livingston’s Garage & Wrecker Service, Inc.
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TO WHOM IT MAY CONCERN:
This is to notify the person who abandoned a 1997 Dodge Neon, Vin#3B3ES47C2VT502818 at 776 Spring Branch Road, Baxley, GA. If not contacted by owner on or before August 4, 2011 this car will be deemed abandoned and will be sold.
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